DIOSMAIRA v. NEW YORK CITY TRANSIT AUTHORITY (2025)

Supreme Court, Appellate Division, Second Department, New York.

Adames Mejia Juana DIOSMAIRA, appellant, v. NEW YORK CITY TRANSIT AUTHORITY, respondent.

2022-05166

Decided: May 14, 2025

VALERIE BRATHWAITE NELSON, J.P., CHERYL E. CHAMBERS, CARL J. LANDICINO, LAURENCE L. LOVE, JJ.

Jonah Grossman (Lawrence B. Lame, Jamaica, NY, of counsel), for appellant. Anna J. Ervolina, Brooklyn, NY (Harriet Wong of counsel), for respondent.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Joseph Risi, J.), entered June 22, 2022. The order, insofar as appealed from, denied that branch of the plaintiff's cross-motion which was for summary judgment on the issue of liability.

ORDERED that the appeal is dismissed, with costs to the defendant.

This appeal must be dismissed as the order appealed from was superseded by an order of the same court entered February 9, 2023, made upon reargument (see Diosmaira v. New York City Tr. Auth., ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2025 WL 1386519 [Appellate Division Docket No. 2023–02064; decided herewith]).

BRATHWAITE NELSON, J.P., CHAMBERS, LANDICINO and LOVE, JJ., concur.

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